INS CD-PUBLIC ADJUSTERS Senate SponsorsSen. Dan Kotowski House Sponsors(Rep. John A. Fritchey) 7/27/2010SenatePublic Act . . . . . . . . . 96-1332 205 ILCS 115/2from Ch. 17, par. 3602Amends the Savings and Loan Share and Account Act. Makes a technical change to a Section relating to joint ownership of accounts.Senate Floor Amendment No. 1 Deletes reference to:205 ILCS 115/2Adds reference to:215 ILCS 5/Art. XLV heading new215 ILCS 5/1501 new215 ILCS 5/1505 new215 ILCS 5/1510 new215 ILCS 5/1515 new215 ILCS 5/1520 new215 ILCS 5/1525 new215 ILCS 5/1530 new215 ILCS 5/1535 new215 ILCS 5/1540 new215 ILCS 5/1545 new215 ILCS 5/1555 new215 ILCS 5/1560 new215 ILCS 5/1565 new215 ILCS 5/1570 new215 ILCS 5/1575 new215 ILCS 5/1580 new215 ILCS 5/1585 new215 ILCS 5/1590 new215 ILCS 5/1595 new215 ILCS 5/1600 new215 ILCS 5/1605 new215 ILCS 5/1610 new215 ILCS 5/1615 new215 ILCS 5/Art. XXXI.75 rep.Deletes everything after the enacting clause. Amends the Illinois Insurance Code. Creates the Public Adjusters Law. Repeals the Article of the Illinois Insurance Code concerning Public Insurance Adjusters and Registered Firms. Provides that a person shall not act or hold himself out as a public adjuster in this State unless licensed as a public adjuster. Sets forth the specific residency requirements for a public adjuster licensee. Provides that an individual applying for a public adjuster license must pass a written examination unless exempt pursuant to certain provisions. Requires a public adjuster to secure a bond or letter of credit prior to the issuance of a license. Sets forth certain standards of conduct for public adjusters. Provides that any person violating the provisions concerning injunctive relief shall be guilty of a Class A misdemeanor and any person misappropriating or converting any monies collected as a public adjuster, whether licensed or not, shall be guilty of a Class 4 felony. Contains a severability clause. Makes other changes.House Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill with the following changes. Changes the language to provide that a person shall not act, advertise, solicit, or hold himself out as a public adjuster or to be in the business of adjusting insurance claims in the State, nor attempt to obtain a contract for public adjusting services, unless the person is licensed as a public adjuster in accordance with specified provisions. Adds a provision that allows the Director of Insurance to place on probation, suspend, revoke, deny, or refuse to issue or renew a public adjuster's license or levy a civil penalty or any combination of actions, for having been convicted of a felony or misdemeanor involving dishonesty or fraud, unless the individual demonstrates to the Director sufficient rehabilitation to warrant the public trust. Adds a definition for "adjusting a claim for loss or damage covered by an insurance contract" and makes changes to the definition of "public adjuster". Adds a provision concerning fees. Adds language that provides that public adjusters shall ensure that all contracts for their services are in writing and contain the date and time the contract was signed by the public adjuster and date and time the contract was signed by the insured. Changes the language to provide that a public adjuster shall disclose to an insured if he or she has any interest or will be compensated by any construction firm, salvage firm, building appraisal firm, board-up company, or any other firm that performs any work in conjunction with damages caused by the insured loss. Provides that a public adjuster contract may not contain any contract term that includes any hold harmless agreement that provides indemnification to the public adjuster by the insured for liability resulting from the public adjuster's negligence. In provisions concerning a contract between a public adjuster and an insured, deletes language that the insured has the right to initiate direct communications with the insured's attorney, the insurer, the insurer's adjuster, and the insurer's attorney, or any other person regarding the settlement of the insured's claim and once a public adjuster has been retained, the company adjuster or other insurance representative may not communicate directly with the insured without the permission or consent of the public adjuster or the insured's legal counsel. Changes the language to provide that at the option of the insured, any such contract shall be voidable for 5 days (rather than 10 days) after execution. Changes language that provides that a public adjuster may not agree to any loss settlement without the insured's knowledge and consent under specified conditions. Provides that in all cases where the loss giving rise to the claim for which the public adjuster was retained arise from damage to a personal residence, the insurance proceeds shall be delivered (rather than delivered in person) to the named insured or his or her designee. Adds language providing that the contract shall not be construed to prevent an insured from pursuing any civil remedy after the 5-business day revocation or cancellation period. Makes other changes. 2/6/2009SenateFiled with Secretary by Sen. John J. Cullerton 2/6/2009SenateFirst Reading 2/6/2009SenateReferred to Assignments 3/5/2009SenateAssigned to Executive 3/12/2009SenateDo Pass Executive; 012-000-000 3/12/2009SenatePlaced on Calendar Order of 2nd Reading March 17, 2009 4/3/2009SenateRule 2-10 Third Reading Deadline Established As April 30, 2009 4/23/2009SenateSecond Reading 4/23/2009SenatePlaced on Calendar Order of 3rd Reading April 28, 2009 5/17/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Dan Kotowski 5/17/2009SenateSenate Floor Amendment No. 1 Referred to Assignments 5/18/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Insurance 5/18/2009SenateSenate Floor Amendment No. 1 Recommend Do Adopt Insurance; 010-000-000 5/20/2009SenateChief Sponsor Changed to Sen. Dan Kotowski 8/15/2009SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments 8/15/2009SenateSenate Floor Amendment No. 1 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b). 10/16/2009SenateApproved for Consideration Assignments 10/16/2009SenateSenate Floor Amendment No. 1 Be Approved for Consideration Assignments 10/16/2009SenatePlaced on Calendar Order of 3rd Reading October 28, 2009 10/16/2009SenateRule 2-10 Third Reading Deadline Established As December 31, 2009 10/29/2009SenateRecalled to Second Reading 10/29/2009SenateSenate Floor Amendment No. 1 Adopted; Kotowski 10/29/2009SenatePlaced on Calendar Order of 3rd Reading 10/29/2009SenateThird Reading - Passed; 058-000-000 10/29/2009HouseArrived in House 10/29/2009HouseChief House Sponsor Rep. John A. Fritchey 10/29/2009HousePlaced on Calendar Order of First Reading 10/30/2009HouseFirst Reading 10/30/2009HouseReferred to Rules Committee 2/3/2010HouseAssigned to Insurance Committee 2/16/2010HouseDo Pass / Short Debate Insurance Committee; 019-000-000 2/16/2010HousePlaced on Calendar 2nd Reading - Short Debate 3/15/2010HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. John A. Fritchey 3/15/2010HouseHouse Floor Amendment No. 1 Referred to Rules Committee 3/18/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. John A. Fritchey 3/18/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee 3/23/2010HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. John A. Fritchey 3/23/2010HouseHouse Floor Amendment No. 3 Referred to Rules Committee 3/24/2010HouseHouse Floor Amendment No. 1 Rules Refers to Insurance Committee 3/24/2010HouseHouse Floor Amendment No. 2 Rules Refers to Insurance Committee 3/24/2010HouseHouse Floor Amendment No. 3 Rules Refers to Insurance Committee 3/25/2010HouseHouse Floor Amendment No. 3 Recommends Be Adopted Insurance Committee; 013-000-000 4/20/2010HouseSecond Reading - Short Debate 4/20/2010HouseHouse Floor Amendment No. 3 Adopted by Voice Vote 4/20/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate 4/21/2010HouseThird Reading - Short Debate - Passed 085-030-000 4/21/2010HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40(a) 4/21/2010HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40(a) 4/22/2010SenateSecretary's Desk - Concurrence House Amendment(s) 3 4/22/2010SenatePlaced on Calendar Order of Concurrence House Amendment(s) 3 - April 23, 2010 5/3/2010SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Dan Kotowski 5/3/2010SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments 5/4/2010SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Insurance 5/4/2010SenateHouse Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Insurance; 009-000-000 5/4/2010SenateHouse Floor Amendment No. 3 Senate Concurs 041-012-000 5/4/2010SenatePassed Both Houses 6/2/2010SenateSent to the Governor 7/27/2010SenateGovernor Approved 7/27/2010SenateEffective Date January 1, 2011 7/27/2010SenatePublic Act . . . . . . . . . 96-1332